PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 12-00173

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED, PLAINTIFF-APPELLANT, V BUFFALO MUNICIPAL HOUSING AUTHORITY, ELAINE GARBE, BISILOLA F. JACKSON, AS ADMINISTRATOR OF THE ESTATE OF JERELENE ELIZABETH GIWA, DECEASED, GRACE MANOR HEALTH CARE FACILITY, INC., DAVID J. GENTNER, MARY STEPHAN, KATHY RANDALL, TIFFANY MATTHEWS, PHILLIP J. RADOS, M.D., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

Appellant having moved to supplement the record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2011, and having moved for other relief, and

Respondents Buffalo Municipal Housing Authority, Elaine Garbe and Jeri Giwa having cross-moved for an extension of time to file and serve a respondents' brief,

Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated October 4, 2012, the affidavit of John J. Marchese, Esq., sworn to October 11, 2012, and the notices of motion and cross motion with proof of service thereof, and the affidavit of Elizabeth G. Adymy, Esq., sworn to October 11, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion insofar as it seeks to supplement the record is denied without prejudice to a motion for the same relief in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Matter of Stewart v Soda, 239 AD2d 966), and

It is further ORDERED that respondents Buffalo Municipal Housing Authority, Elaine Garbe and Jeri Giwa's cross motion insofar as it seeks an extension of time to file and serve a respondents' brief is granted on condition that the brief is filed and served on or before November 16, 2012, and the Clerk is directed to accept the brief for filing.

Entered: October 24, 2012

Frances E. Cafarell, Clerk